Prostitution and the law: Bangladesh

Select Language Afrikaans Albanian Arabic Armenian Azerbaijani Basque Belarusian Bulgarian Bengali Catalan Chinese (Simplified) Chinese (Traditional) Croatian Czech Danish Dutch English Estonian Filipino Finnish French Galician Georgian German Greek Gujarati Haitian Creole Hebrew Hindi Hungarian Icelandic Indonesian Irish Italian Japanese Javanese Kannada Khmer Korean Latvian Lithuanian Macedonian Malay Maltese Marathi Nepali Norwegian Persian Polish Portuguese Punjabi Romanian Russian Serbian Slovak Slovenian Spanish Swahili Swedish Tamil Telugu Thai Turkish Ukrainian Urdu Vietnamese Welsh Yiddish

Waiver of liability This article has been written by laypersons for laypersons. It contains selected excerpts and not entire Acts of law. It is NOT a substitute for the laws in their original form, to some of which hyperlinks have been provided. Nor is it a substitute for expert legal advice. This page is likely to contain errors of interpretation and fact, as well as editing/ typing mistakes. Therefore, the reader by proceeding further down this article despite this warning absolves Indpaedia and its writers of any damage that might be suffered by the reader because of anything contained in this article.

Definitions

Under the

The Suppression of Immoral Traffic Act, 1933

(Act No. Vi Of 1933)

Brothel

According to the Act a brothel is any house, part of a house, room or place in which two or more females carry on prostitution, or in which any girl under the age of eighteen years [unless such girl is the daughter of an inmate of such house or place] is kept with intent that she shall at any age be employed or used for any immoral purpose.

Prostitute

According to the Act:

a prostitute is any female available for the purpose of prostitution [male prostitutes are not covered];

and prostitution is promiscuous sexual inter course for hire, whether in money or kind

Public places

According to the Act:

a public place includes the site of any haat [market place], bazar or mela [fair]], the banks of any river and any docks, jetties and warehouses to which the public have access, [all] public buildings, gardens, monuments, [all] places of public amusement, [all] places of public entertainment and [all] places accessible to the public for drawing water, washing or bathing, or for purposes of recreation.

The word place of public entertainment include any place to which the public is admitted, and where any kind of food or drink is supplied for consumption on the premises for the profit or gain of any person owning or having an interest in or managing such place and includes a refreshment-room, eating-house, coffee-house, liquor-house, boarding-house, lodging-house, hotel, tea-shop, tavern and a wine, beer, spirit, arrack, toddy, ganja, bhang or opium shop.

What is punishable under law?

Brothels

4. (1) Any person who-

(a) keeps or manages or acts or assists in the management of a brothel, or

(b) being the tenant, lessee, occupier, or person in charge of any premises, knowingly permits such premises or any part thereof to be used as a brothel, or

(c) being the lessor or landlord of any premises or the agent of such lessor or landlord, lets the same, or any part thereof, with the knowledge that the same, or any part thereof, is intended to be used as a brothel,

shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

…(6) In a prosecution under this section if it is found that any premises or part thereof have been used as a brothel it shall be presumed until the contrary is proved that the manager, tenant, lessee, occupier or person in charge of such premises or part knew that the premises or part thereof were being used as a brothel.

Soliciting...

…for purposes of prostitution

7. (1) Any person who in any street or public place or within sight of, and in such manner as to be seen or heard from any street or public place, whether from within any house or building or not-

(a) by words, gestures, or indecent personal exposure attracts or endeavours to attract attention for the purposes of prostitution; or

(b) solicits or molests any person for the purposes of prostitution;

shall be punished with imprisonment of either description which may extend to one month or with fine

(Pimping or) Living on the earnings of prostitution…

8.(1) Any person over the age of eighteen years who knowingly lives, wholly or in part, on the earnings of the prostitution of another person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both, and, if a male person, shall also be liable to whipping. [This was a British Raj-era law, remember.]

(2) Where a person is proved to be living with, or to be habitually in the company of a prostitute, or to have exercised control, direction or influence over the movements of a prostitute, in such a manner as to show that he is aiding abetting or compelling her prostitution, it shall be presumed until the contrary is proved, that he is living on the earnings of prostitution:

Provided that the mother, or a son or daughter, of a prostitute, shall not be punished under this section for living on the earnings of such prostitute unless the Court is satisfied that such mother, son or daughter is aiding, abetting or compelling her prostitution.

Procuration (Pimping)

9.(1) Any person who induces a female to go from any place with intent that she may, for the purposes of prostitution, become the inmate of, or frequent a brothel, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both, and, if a male person, shall also be liable to whipping.

Importing a female for prostitution

10.(1) Any person who brings or attempts to bring or causes to be brought into any place in which this Act is inforce any female with a view to her earning hire, or being brought up to earn hire as a prostitute, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both, and, if a male person, shall also be liable to whipping.

Detention as prostitute or in brothels, etc

11. Any person who detains-

(a) any female under the age of eighteen years', against her will in any house, room or place in which prostitution is carried on, or

(b) any female against her will in or upon any premises with intent that she may have sexual intercourse with any man other than her lawful husband, whether with any particular man or generally, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or with both.

Causing or encouraging or abetting seduction or prostitution of girl

12. If any person having the custody, charge or care of any girl under the age of eighteen years causes or encourages or abets the seduction or prostitution of that girl he shall be punished with imprisonment of either description for a term which may extend to two years or with fine, or with both, and, if a male person, shall be liable also to whipping.

Who can lodge a complaint under the Act?

It is not as if just anyone can lodge a complaint. Only specified persons can…

(7) No Court shall take cognizance of any offence punishable under this section except on the complaint of-

(a) the Chairman of the 2[ Paurashava, Zilla Board or Union Parishad] within the jurisdiction of which the premises are situated, made in pursuance of a resolution of the 3[ Paurashva, Zilla Board or Union Parishad] as the case may be; or

(b) three or more persons occupying separate premises or holdings and resident in the vicinity of the premises or holdings to which the complaint relates; or

(c) a representative of any society recognized by the Government in this behalf who has been authorized by the society to institute prosecutions under this section.

See also

Prostitution and the law: India